SideCar Terms of Use

These SideCar Terms ("SideCar Terms") apply to your purchase and use of the SideCar imaging solution and device ("SideCar"). They are subject to and incorporate by reference to the Epilog Terms of Use ("Epilog Terms"). In the event of any conflict between the SideCar Terms and Epilog Terms, the SideCar Terms shall apply. The SideCar Terms together with the Epilog Terms constitute a binding agreement between you and Epilog. Any capitalized terms not defined in these SideCar Terms shall have the meanings given to them in the Epilog Terms.

1. Purchase of SideCar

You may purchase a SideCar from Epilog through our Site by completing an order form and making payment with your credit card or other approved payment mechanism. All purchases are final and non-returnable, except at Epilog’s sole discretion. Please be sure to provide complete and accurate information when placing an order for a SideCar. We are not responsible for loss, damage or theft to any SideCar after it is shipped by us, including any damage in transit.

2. Eligibility

You must be at least 18 years of age, be a resident of the United States and have the legal capacity to enter a contract to purchase and use SideCar.

3. Responsibilities for Installation and Use

You are solely responsible for the proper installation, maintenance and use of SideCar in your vehicle. Please be sure to follow any instructions provided with SideCar. We are not responsible for any damage to your vehicle or any of its components, including any cruise control or other electronic or computer components in the vehicle as a result of your installation, maintenance and use of SideCar. We are not responsible for any alterations you may make to SideCar or your vehicle when installing or using SideCar. You should only use SideCar on a vehicle that is compatible with its use and is in good and safe operating condition. You further represent and warrant to us that the location on the vehicle where SideCar is installed is safe for individuals who operate the vehicle, and not to make any changes to the vehicle that will affect its safe operation.

4. Use of SideCar

While SideCar can aid the use of certain cruise control features, it is not intended to be used for self-driving purposes or a substitute for the driver being responsible for the driving of the vehicle while SideCar is in operation. You are solely responsible for the safe operation of the vehicle when using SideCar, including the following:

• You or any other driver of the vehicle having a valid driver’s license in good standing.
• Having adequate automobile insurance for your vehicle not less than the amount required by law.
• Making sure the driver and all passengers use their seatbelts while the vehicle is in operation.
• Setting SideCar and driving the vehicle at safe speeds and within posted speed limits.
• Do not turn off the warning sounds on SideCar as they are an essential safety device.
• Remaining alert with eyes on the road and awareness of other vehicles and driving conditions, and being able to take manual control of the vehicle at any time. YOU SHOULD NEVER RELY ON SIDECAR ALONE.

5. Restrictions

SideCar is for passenger cars only and primarily for use on highways. You agree not to use SideCar for any emergency situation, on heavy equipment or in any dangerous situation, in construction zones, on windy or narrow roads, in adverse weather conditions (heavy rain, snow, fog, extreme cold or heat, bright light, etc.), or when driving on roads with pedestrians, cyclists, etc.

You agree not to tamper with, alter, reverse engineer or attempt to determine the source code of SideCar or any mobile application or other software provided with SideCar.

6. Disclaimer of Warranties

SideCar is provided "as-is" without representation or warranty of any kind express or implied. To the maximum extent permitted by law, we disclaim any express or implied warranties, including without limitation, the implied warranty of merchantability, or fitness for a particular purpose, or that SideCar is error free, will operate on an interrupted basis, will maintain any particular speed or work as intended. You should not rely on SideCar for the safe driving of your vehicle; you are solely responsible for ensuring that the vehicle is safely operated at all times.

7. Limitation of Liability

The limitation of liability provisions in Section 6 of the Epilog Terms shall apply to SideCar. The limitations set forth in that section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Epilog or the other Epilog Parties (as defined in Section 8 below) or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

8. Indemnification

You will indemnify, defend, and hold harmless Epilog and its affiliates, and any representatives, shareholders, employees, agents, contractors, insurance carriers, predecessors and successors in interest, officers and directors of Epilog or its affiliates (individually and collectively, the "Epilog Parties") from and against any losses, liabilities, claims, demands, damages, judgments, awards, expenses or costs arising out of or relating to (a) your use of SideCar in any manner other than as permitted under these SideCar Terms, or your violation of Epilog Terms or SideCar Terms; (b) your negligence, recklessness, or willful misconduct, including, but not limited to, when you are operating your vehicle; or (c) any acts or omissions of, or any claims brought by, any other person who you allow to use or access SideCar, including any passenger that you invite or authorize to ride in your vehicle. Epilog expressly disclaims responsibility for any such conduct. The Epilog Parties will have the exclusive right to control the defense or settlement of any third-party claims subject to this section. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Epilog or the other Epilog Parties.

You will not, however, be required to indemnify the Epilog Parties for any bodily injury or property damage to the extent caused by our negligence, recklessness, or willful misconduct in providing our Products and Services.

9. Consent to Use of Video Device

SideCar has a video device that is used to determine if you are facing in a position that indicates you are able to take control of the vehicle upon signal by SideCar or in any situation where driver control is warranted. You consent to the video recording of you and your face, which may include the collection of biometric information or biometric data, such as your face geometry, and that we can use such recordings to provide and improve SideCar and any other Products and Services.

If you use SideCar while others are present in the vehicle or allow others to drive your vehicle (collectively, "Other Parties"), you represent and warrant to us that you have notified those Other Parties, to the extent required by law, and obtained all approvals, permissions, consents and authorizations, if and as required from such Other Parties, for installation and operation of SideCar and for Epilog to make recordings of such Other Parties as set forth in this Section 9.

10. Consent to Collection of Information

In addition to video recordings and other information collected through the video device as noted in Section 9, SideCar connects to various systems in your vehicle and records the following data: geolocation of the vehicle, trip durations and routes, parking locations of your vehicle, braking, and acceleration ("Connected Car Data"). You consent to our collection and use of such Connected Car Data to monitor your vehicle and use of the SideCar product, and to perform research and analysis to improve and develop the SideCar product and our other Products and Services, and to otherwise use Connected Car Data as set forth in our Privacy Policy.

11. Applications and Account

You may need to download a mobile application and/or register an account to use SideCar. For any mobile application, you agree that you have a non-exclusive license to download the mobile application to a single device solely to use SideCar. You agree to agree to any applicable app store terms and to not hold the app stores responsible for your use of any mobile application. You agree to provide complete and accurate information when creating an account and that you have full responsibility for any use of the mobile application or your account, whether you authorized it or not.

12. Dispute Resolution

You agree that any Dispute regarding SideCar, including any claims for personal injury, bodily injury, death or property damage, will be subject to the dispute resolution provisions of Sections 11 through 13 of the Epilog Terms.